The judgment below

Of them, the part on Defendant P is reversed.

Defendant

P shall be punished by a fine of one million won.

Defendant

P.

1. Summary of grounds for appeal;

A. In fact, the Defendants did not injure the victim.

B. The sentence of the lower court (Defendant A: a fine of KRW 5 million, Defendant P: KRW 3 million) is too unreasonable.

2. Determination

A. In determining the credibility of a statement following the witness examination procedure conducted by the first instance court on the assertion of facts, the credibility of the statement should be assessed by taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is going to the witness statement in the open court after being sworn at the front of a judge, the appearance of the witness, and the penology of the statement, and the penology of the statement.

On the other hand, the appellate court's determination of credibility of the statement made by the witness in the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle. Thus, in determining credibility of the statement, there is an essential limitation that the appearance and attitude of the witness at the time of the statement that can be called one of the most important elements in determining credibility of the statement can not be reflected in the evaluation of credibility.

Considering the difference between the methods of evaluating credibility between the first instance court and the appellate court, the first instance court’s judgment on the credibility of the statement made by the witness of the first instance court was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court.

Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance court, in full view of the results of the first instance examination and the results of the further examination of evidence conducted until the closing of the appellate trial, the appellate court is a witness of the first instance trial.